The Virginian-Pilot
©
VIRGINIA BEACH
The tight 21st District race took several dramatic turns Thursday, with a raucous rally outside the voter registrar's office, allegations of vote-count irregularities and finally a court order to temporarily stop a review of absentee ballots.
The order, requested by incumbent Del. Bobby Mathieson, who is down by 16 votes, was delivered to the registrar's office about
3:30 p.m. It stopped "official counting or certification of the absentee ballots" for up to seven days, which will likely also delay any potential recount in the race between the Democrat and Republican Ron Villanueva.
Mathieson's camp requested the order because of concerns with how election officials handled the absentee ballots Tuesday night, said Jeffrey A. Breit, the Norfolk attorney and former Democratic state party official who filed the request.
"The process has question marks," Breit said.
Republican officials charged that Mathieson and the Democrats were trying to delay the certification of the vote and Villanueva's eventual win with the court order and the mid-day rally of Democrats chanting "Count my vote" and "This isn't Florida."
"This is a delaying tactic to stop the inevitable," said Gerry Scimeca, Villanueva's campaign manager.
Chief Circuit Court Judge Frederick Lowe issued the order after receiving two affidavits, including one from Virginia Beach Commissioner of Revenue Phil Kellam.
Kellam, a Democrat, said that on Tuesday night he asked the Virginia Beach voter registrar for documentation on any rejected absentee ballots and was told she couldn't provide those. After a Republican witness to the absentee ballot count said Villanueva had won by 16 votes, Kellam and another Democrat went to the room where officials were counting the vote, according to the affidavit.
Kellam said he asked to see the reasons for the rejected ballots. The elections officials scrambled to find the log book that listed the rejected ballots and the reasons for them, he said. Workers rummaged through the trash looking for the information, said Kellam, who showed the media two photos that he said his personal assistant took of the search.
Pat Harrington, the voter registrar, said the missing log sheet for the rejected absentee ballots related to the 85th District, not the 21st.
Because of concerns regarding the rejected absentee ballots, Harrington got permission Thursday from the Virginia State Board of Elections to review them.
That review was stopped by the judge's order a couple hours later. Breit said he was unaware of Harrington's request to the state board. He was concerned the city's elections officials were rushing to certify the results. Once the results are certified, even with a recount, access to the rejected absentee ballots will be limited, Breit said.
"We don't want the door to be closed behind us," Breit said.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com

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insults?
You should be ashamed of yourself for calling anybody retarded. What the heck is wrong with you? I guess that is an acceptable slang term at your home. For people who have decent values calling anybody a derogatory name is shameful. The term is insulting.
Huh?
What was Phil Kellam doing in the count room in the first place? He's not an election official, at least not in his role commissioner, so why did he have any authority in the first place?
As for the other posts, you guys nailed it when you said neither of these candidates are worthy of a vote. Mathieson has 0 experience, and Villanueva can't be trusted with the public interest - just look at his retarded votes on City Council. Actully, sorry to those that are retarded.
Comparing you to Villanueva is an insult to you guys...
Leave the seat open until next year.
Investigate this too
Yes. Why was kellam there? What was is role in being in that room? And why was his personal assistant allowed there to snap pictures?
Right or wrong with what the election officials might have been doing, there were authorized people there from both parties monitoring the situation. They were the ones to raise the issue if there indeed was one.
In kellam's power-hungary democrat mind set, what made him think he had any legal authority or electoral right to be there with his secretary and a camera?
Someone please answer me.
Seriously. I'm not criticizing the guy, but can anyone tell me what Mathieson has accomplished? What has he done to deserve the position?
say it again
republicans are sleeping on this one....RV is a closet democrat with a backbone of jello
I wonder if any union people were in room
What is Mathieson's claim to fame? When he was a Va. Beach Police officer about all he was remembered for was his union activities. Maybe he wants to get back to Richmond to help get card check accepted. Also, seems as if he was present at many of the Republician activies years back. Threre is nothing wrong with switching parties but we all have to stand for something, not just attempt to side with what ever party is in the Gov. seat when you run for political office. Anyway, which ever one wins the election they could save the Commonwealth money by selling half the chairs in the house, cut the others in half, and just use one half chair as the job all the members do is half-a_ _ ed!
...Mathieson's claim to fame?
"...Mathieson's claim to fame? When he was a Va. Beach Police officer about all he was remembered for was his union activities."
Not true. Bobby was well known for arresting homosexuals and others in public and retail stores men's rooms for alleged sex offenses and indecent propositions. Check the records. He was very successful at it.
Mathieson is a great person
Mathieson is a great person and has represented the 21st District as well as anyone could. Certainly better than Welch did and better than Villaneuva will.
R.V. has never met anyone with money and power he didn't like. I have follwed CC for many years and have never heard an original idea come out of his mouth. He does show up late or totally miss meetings.....too many meetings. He doesn't do his homework and has only a surface understanding of the issues.
It will be interesting, should RV win, and if Rosemary is elected, will the same developer friendly idea of TIFing the whole state follow them to Richmond?
I'm assuming that those who voted for RV are happy with the state of affairs here in Va Beach...right?
had this been tea baggers,
They would have estimated the crowd at 20,000.
Wrong George
If it had been a conservative or libertarian "protest" the VP would not have reported it at all.